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A Provocative Defense, Aya Gruber
A Provocative Defense, Aya Gruber
Aya Gruber
It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This article offers a (likely provocative) defense of the provocation doctrine. While …
Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber
Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber
Aya Gruber
By many accounts, feminism is in crisis. Traditional second-wave feminists are an ever-dwindling group, attacked by conservatives for being too liberal and by progressives for being too conservative. Newer voices weighing in on classic feminist issues like work rights, family structure, and rape are seen as abandoning the feminist mission in favor of other considerations like class and race. Accordingly, the conventional wisdom seems to be that there are two opposing progressive groups that address women’s issues—feminists and those who have receded from feminism. To many, this apparent fracture is exemplified by theorizing about domestic violence, where mainstream feminists supportive …